Laguna Niguel Municipal Code Art. 3 Water Efficient Landscaping Regulations

Footnotes:

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Editor's note— Ord. No. 2009-156, § 1, adopted Dec. 15, 2009, amended Article 3 in its entirety to read as herein set out. Former Article 3, §§ 6-5-40—6-5-53, pertained to similar subject matter, and derived from Ord. No. 93-60, § 1, adopted March 16, 1993.

(a) The State Legislature has found that:

(1) The waters of the State are of limited supply and are subject to ever increasing demands;

(2) The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

(3) It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

(4) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

(5) Landscape design, installation, maintenance, and management can and should be water efficient; and

(6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.

(7) Assembly Bill 1881 (2006) requires adoption by cities of a water efficient landscape ordinance that is at least as effective for conserving water as a model water efficient landscape ordinance issued by the State Department of Water Resources on September 17, 2009.

(b) The city council finds and determines that:

(1) The city has an established reclaimed water infrastructure system for landscape use, that reduces the need for importation of potable water supplies;

(2) All water services within the city are metered, such that the water purveyor can document water use in landscapes;

(3) Incentive-based water use efficiency programs have been actively implemented within the city;

(4) Current local design practices in new landscapes typically achieve the state model water efficient landscape ordinance water use goals;

(5) All new irrigation controllers sold after 2012 within Orange County will be smart controllers that automatically adjust watering based on actual need;

(6) Landscape plan submittal and review has been a long-standing practice in Laguna Niguel;

(7) The rainfall in the city averages approximately 12 inches per year and does not reliably offset the need for landscape irrigation;

(8) The local water purveyor is implementing budget-based tiered-rate billing and enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Laguna Niguel in its entirety.

Consistent with these findings, the purpose of the city's water efficient landscaping regulations is to establish alternative regulations acceptable under AB 1881 as being at least as effective as the state model water efficient landscape ordinance in the context of conditions in the city, in order to:

(1) Benefit from regulations that are consistent with neighboring local and regional agencies;

(2) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

(3) Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

(4) Establish provisions for water management practices and water waste prevention for existing landscapes;

(5) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; and

(6) Encourage the use of economic incentives that promote the efficient use of water, including but not limited to a budget-based tiered-rate structure.

(Ord. No. 2009-156, § 1, 12-15-09)

(a) Beginning January 1, 2010, the water efficient landscaping regulations shall apply to the following landscape projects:

(1) New construction and landscape rehabilitation projects by public agencies or private non-residential developers with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).

(2) New construction and landscape rehabilitation projects by developers or property managers of single-family and multi-family residential projects or complexes with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).

(3) New construction landscape installation projects by individual homeowners on single-family or multi-family residential lots with a project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).

(b) Section 6-5-43(b) of the landscape water use standards of these water efficient landscaping regulations shall apply to:

(1) All landscaped areas, whether installed prior to or after January 1, 2010; and

(2) All landscaped areas installed after January 1, 2010 to which section 6-5-41(a) is applicable.

(c) These water efficient landscaping regulations do not apply to:

(1) Registered local, state, or federal historical sites;

(2) Ecological restoration projects that do not require a permanent irrigation system;

(3) Mined-land reclamation projects that do not require a permanent irrigation system; or

(4) Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 2009-156, § 1, 12-15-09)

(a) The city shall adopt, by resolution, guidelines for implementation to assure compliance with these water efficient landscaping regulations.

(Ord. No. 2009-156, § 1, 12-15-09)

(a) For applicable landscape installation or rehabilitation projects subject to section 6-5-41(a) of this water efficient landscaping regulations, the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city; as provided in the guidelines.

(b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the local agency.

(Ord. No. 2009-156, § 1, 12-15-09)

The city may delegate to, or enter into a contract with, another local agency, water purveyor, or other contractor to implement, administer, and/or enforce any of the provisions of the water efficient landscape regulations on behalf of the city.

(Ord. No. 2009-156, § 1, 12-15-09)

The following definitions are applicable to Article 3:

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Estimated applied water use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

"ET adjustment factor" or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

"Guidelines" refers to the guidelines for implementation of the water efficient landscape ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this water efficient landscape ordinance.

"Hardscapes" means any durable material or feature (pervious and non-pervious) installed around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this water efficient landscape ordinance.

"Homeowner installed landscape" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this ordinance to the requirements applicable to developer-installed residential landscape projects.

"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Better irrigation efficiency can be expected from well designed and maintained systems.

"Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package" means the documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.

"Landscape project" means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under section 6-5-41 of this water efficient landscape ordinance.

"Local agency" means a city or county, including a charter city or charter county, that is authorized by the city to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance on behalf of the city. The local agency may be responsible for the enforcement or delegation of enforcement of this water efficient landscape ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

"Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in the guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"New construction" means a new building with a landscape, or other new landscape such as a park, playground, or greenbelt without an associated building.

"Non-pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this water efficient landscape ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this water efficient landscape ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

"Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.

"Rehabilitated landscape" means any re-landscaping project that meets the applicability criteria of section 6-5-41(a), where the modified landscape area is greater than 2,500 square feet, is 50 percent of the total landscape area, and the modifications are planned to occur within one year.

"Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens; an area irrigated with recycled water; a water feature using recycled water, and/or an area dedicated to active play such as parks, sports fields, golf courses, swimming pools and where turf provides a playing surface.

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Valve" means a device used to control the flow of water in an irrigation system.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

(Ord. No. 2009-156, § 1, 12-15-09)

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multi-family, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with the requirements of section 6-3-710 (model water efficient landscaping ordinance requirements) found in article 7 (organic waste disposal reduction) of division 3 (sewage and solid waste disposal) of title 6 (health and sanitation).

(Ord. No. 2021-209, § 3, 5-4-21)